Posts Tagged With: Judge

House Republicans just won a major, unexpected victory in a battle with Obama……


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Barack Obama John Boehner

(AP)
US Rep. John Boehner (R-Ohio), speaker of the House (right), and US President Barack Obama (center) at a White House ceremony June 24, 2014.

Republicans in the US House of Representatives have standing to proceed with a lawsuit against US President Barack Obama’s administration over his signature healthcare law, a federal judge said Wednesday, handing them a significant and somewhat unexpected victory in the ongoing legal battle.

US District Court Judge Rosemary M. Collyer ruled Wednesday against the Obama administration’s motion to dismiss the case. Collyer said House Republicans do have the standing to pursue their challenge, which argues that the Obama administration violated the US Constitution by spending money on the law that had not been appropriated by Congress.

That was a key question in the lawsuit, which the White House and House Democrats have continually dismissed as a “political stunt.”

In her ruling, Collyer rejected that argument, calling the House’s challenge valid.

“Despite its potential political ramifications, this suit remains a plain dispute over a constitutional command, of which the Judiciary has long been the ultimate interpreter,” she wrote.

The case centers on the more than $175 billion the administration will spend over the next decade under a cost-sharing program with health-insurance companies. The Obama administration has said it’s spending previously allocated money.

The attorney for the House, Jonathan Turley, called Collyer’s decision “historic and profound.”

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President Barack Obama at American University in Washington August 5, 2015. REUTERS/Jonathan Ernst

(Thomson Reuters)
Obama delivers remarks on a nuclear deal with Iran at American University in Washington.

“The ruling today means that the United States House of Representatives now will be heard on an issue that drives to the very heart of our constitutional system: the control of the legislative branch over the power of the purse,” he wrote in a statement posted to his website. “We are eager to present the House’s merits arguments to the Court and remain confident that our position will ultimately prevail in establishing the unconstitutional conduct alleged in this lawsuit.”

House Speaker John Boehner (R-Ohio), who’s leading the lawsuit against the president, said he was “grateful” for the court’s ruling.

“The president’s unilateral change to Obamacare was unprecedented and outside the powers granted to his office under our Constitution,” Boehner said in a statement. “I am grateful to the court for ruling that this historic overreach can be challenged by the coequal branch of government with the sole power to create or change the law. The House will continue our effort to ensure the separation of powers in our democratic system remains clear, as the Framers intended.”

Categories: 2nd Amendment, Congress, Law suit, Obamacare, Unlawfull | Tags: , , , , , , , , , , , , , , | Leave a comment

Lies and deception…..Texas Judge Delivers Blistering Rebuke of Obama Admin Immigration Lawyers’ Misbehavior..


In an order issued late Tuesday, federal district court Judge Andrew Hanen refused to lift the preliminary injunction he had previously issued stopping the implementation of the immigration amnesty plan announced by President Obama last November.

And in a second order, an obviously infuriated Judge Hanen said that the “attorneys for the Government misrepresented the facts” to the court.

Judge Hanen issued his injunction on Feb. 16 in the lawsuit filed by 26 states in a Texas federal court. On Feb. 23, the Justice Department filed a motion asking Hanen to stay his injunction pending an appeal to the Fifth Circuit Court of Appeals. On March 3, the Justice Department filed an “Advisory” with Hanen, informing him that between Nov. 20, when the president announced his new plan, and Feb. 16, when the injunction was issued, the Department of Homeland Security had begun implementing part of the president’s plan by issuing three-year deferrals to over 100,000 illegal aliens.

Justice Department Had Said Obama’s Immigration Plan Hadn’t Been Implemented

This despite the fact that the Justice Department had assured Judge Hanen on numerous occasions–both in court and in written pleadings–that no part of the president’s plan would be implemented until late February.  In the Advisory, the Justice Department did not admit it had misled the court; it was just trying to clear up any “confusion” that might have occurred.

Judge Hanen obviously saw things differently.

In Tuesday night’s order on the injunction, Hanen said that he remained “convinced” that his original findings and rulings were correct and that for a number of reasons, “the decisions reached previously by this Court have been reinforced.”

For example, Hanen had based his injunction in part on the “abdication” by the administration of its duty to enforce federal immigration law.  Hanen pointed out that “recent actions taken by the Government confirm that it has abdicated enforcement.”

One of those actions cited by Hanen was Obama’s reaction at a town hall meeting held after the injunction was issued to an individual upset over a deportation order.  Obama said that any Border Patrol agents or Immigration and Customs Enforcement officials who didn’t follow his new immigration plan that halts deportations against those who qualify under his new plan would be punished: if “they don’t follow the policy, there are going to be consequences to it.”

Barack Obama - Amnesty Case

Obama (AP Photo/Jacquelyn Martin)

According to Hanen, Obama’s message to federal law enforcement officials and the nation “is clear.”  First, federal immigration laws that “officials are charged with enforcing, are not to be enforced when those laws conflict” with the president’s plan.  Second, “the criteria set out in [the president’s plan] are mandatory.”  Third, if Department of Homeland Security officials “fail to follow the specified criteria, there will be consequences for this failure–just as there would be consequences if they were in the military and disobeyed an order from the Commander in Chief.”

In summary, “the chief Executive has ordered that the laws requiring removal of illegal immigrants that conflict with [the president’s plan] are not to be enforced, and that anyone who attempts to do so will be punished.”

Hanen also dismissed the government’s claim that it would suffer irreparable harm if the injunction is not lifted.  He concluded that “there is no pressing, emergent need for this program” and “the scales of justice greatly favor the States.”

Justice Department Lawyers Showed ‘Distinct Lack of Candor’

In the second order over the Advisory filed with the court, Judge Hanen presented a scathing analysis of the Justice Department’s misbehavior in misleading him over the implementation of the president’s amnesty plan:

“This Court expects all parties, including the Government of the United States, to act in a forthright manner and not hide behind deceptive representations and half-truths.  That is why , whatever the motive for the Government’s actions in this matter, the Court is extremely troubled by the multiple representations made by the Government’s counsel – both in writing and orally – that no actionwould be taken … until February 18, 2015.”

Hanen said the representations made by the Justice Department lawyers “indicates a distinct lack of candor.”

The Justice Department lawyers may even be in trouble for their delay in telling Hanen about this problem: “the explanation by Defendants’ counsel for their conduct after the fact is even more troublesome for the Court.”

The Department told  Hanen they were unaware there was a problem until they read his Feb. 16 injunction order, and that they then took “prompt” remedial action to inform the court, but Hanen said that “assertion is belied by the facts.”  The Advisory was not filed until March 3, so for two weeks after the Feb. 16 injunction order, “the Government did nothing to inform the Court of the 108,081” deferrals that had been issued.

Instead, on Feb. 23, the government filed its “Motion to Stay” the injunction with Hanen, saying absolutely nothing in that motion about this problem.  Instead, “mysteriously, what was included” in the Justice Department’s motion was a request that Hanen issue a decision by Feb. 25, within two days:

“If this Court had ruled according to the Government’s requested schedule, it would have ruled without the Court or the States knowing that the Government had granted 108,081 applications … despite its multiple representations to the contrary … Yet they stood silent.  Even worse, they urged this Court to rule before disclosing that the Government had already issued 108,081 three-year renewals … despite their statement to the contrary.”

Hanen goes after the Justice Department lawyers even harder, especially their claims that they acted “promptly” to clear up any “confusion” they may have caused: “But the facts clearly show these statements to be disingenuous.  The Government did anything but act ‘promptly’ to clarify the Government-created ‘confusion.’”

Judge: Justice Department Lawyers Didn’t Follow Professional Ethics

Hanen cites Section 3.3 of the American Bar Association Model Rules of Professional Conduct and the corresponding section of the Texas Rules, which require complete candor by a lawyer in his or her dealings with a court:

“Fabrications, misstatements, half-truths, artful omissions, and the failure to correct misstatements may be acceptable, albeit lamentable, in other aspects of life; but in the courtroom, when an attorney knows that both the Court and the other side are relying on complete frankness, such conduct is unacceptable.”

Because of the government’s misconduct, Judge Hanen considered striking their pleadings, and indicated that “under different circumstances,” he might “very well do so.”  But he didn’t because, he said, that would effectively end the case.

Because the issues at stake “have national significance and deserve to be fully considered on the merits,” Hanen concluded that “the ends of justice would not be served by striking pleadings in this case.”  He warned the Justice Department, though, that his decision “does not bar such a sanction in the future should the facts and law warrant that action” and that his decision does not leave him “impotent to fashion an appropriate remedy” for the government’s misconduct.

In addition to granting the states’ request for early discovery, Hanen ordered the Justice Department to produce “any and all drafts of the March 3, 2015 Advisory” including all “metadata and all other tangible items that indicate when each draft of the document was written and/or edited or revised” as well as the names of any person who knew about the Advisory or the Department of Homeland Security  activity, or reviewed it, and the date that occurred.  He ordered that no documents, emails, computer records, hard drives or servers that have any information about this Advisory be “destroyed or erased.”  And he gave the Justice Department only until April 21 to supply all of this information.

That is a tall order, but Judge Hanen is clearly determined to find out who knew about this deception, and may well consider personally sanctioning those lawyers or other officials who were involved once he gets that information.

This is another big loss for the government and gives the states the ability to question the credibility of the government in the appeal now pending.  The Justice Department will go into the upcoming hearing before the Fifth Circuit with what the legal profession calls “unclean hands,” which is when lawyers engage in professional and ethical misconduct.  That certainly will not help the government win its case.

Hans von Spakovsky is an authority on a wide range of issues—including civil rights, civil justice, the First Amendment, immigration, the rule of law and government reform—as a senior legal fellow in The Heritage Foundation’s Edwin Meese III Center for Legal and Judicial Studies and manager of the think tank’s Election Law Reform Initiative.

Categories: Immigration, Obama, Politics | Tags: , , , , , , , , , , | Leave a comment

Mich. judge calls Detroit bankruptcy unconstitutional; AG to appeal….


DETROIT — It took less than 24 hours for the legal wrangling to start around the Detroit bankruptcy filing.

First a county judge ruled the filing unconstitutional under Michigan law.

Then the state’s attorney general said he would appeal the ruling and asked that the judge’s orders be stayed until the appeal.

Ingham County Circuit Court Judge Rosemarie Aquilina said the bankruptcy filing violated the state’s constitution, which she says prohibits actions that will lessen pension benefits of public employees, including those in Detroit.

She ordered Gov. Rick Snyder to ask Emergency Financial Manager Kevyn Orr to immediately withdraw the bankruptcy filing and that no further Chapter 9 bankruptcies be filed that threaten pension benefits of public employees.

“I have some very serious concerns because there was this rush to bankruptcy court that didn’t have to occur and shouldn’t have occurred,” Aquilina told the Detroit Free Press.

Later in the day Michigan Attorney General Bill Schuette said he will appeal Aquilina’s ruling and ask for a stay so that the bankruptcy can proceed until the appeal is heard.
Aquilina has a Democratic background. Snyder is a Republican.

Earlier in the day, an adamant and focused Snyder said he decided to authorize the largest municipal bankruptcy in U.S. history because “now is our opportunity to stop 60 years of decline” in Detroit.

Snyder cited years of financial mismanagement, deterioration of city services and a decade of having the worst crime rates in the nation as reasons to file for bankruptcy.

“The city is basically broke. It is $18 billion in debt,” Snyder told a packed news conference at Wayne State University in Detroit.

It was the governor’s first public appearance since the filing of a 16-page document on Thursday to place Detroit in Chapter 9 federal bankruptcy protection.

The expectation is that the bankruptcy will allow Snyder, Orr and Detroit city leaders to set aside lawsuits and work on gaining financial stability for the beleaguered city by offering protection from creditors and unions.

Snyder said the decision to file for financial protection was a difficult one but one that had to be made.

“It’s been a long period of decline,” he said. “It’s time to do something about it.”

Orr, who spoke to the media alongside Snyder, blamed years of mismanagement on the city’s economic decline.

“The depth of some of the practices … and the tolerance of this behavior for decades is, at its best, unorthodox,” said Orr, who was given 18 months when he took office in March to find a financial fix for the city. “I wish there had been a lot more outrage over the last 10 to 20 years.”
Orr was asked if he had discussed Detroit’s financial difficulties with the White House, and he declined to comment.

White House press secretary Jay Carney said during a briefing later in the day in Washington, D.C., that senior adviser Valerie Jarrett, National Economic Council Director Gene Sperling and Housing and Urban Development Secretary Shaun Donovan have been in conversations with leaders in Detroit and Michigan.

Carney said he was unaware if President Barack Obama or Vice President Joe Biden have been involved in any of those conversations.

“I would simply say that clearly the situation in Detroit is unique at this time given the declaration and the size of the city and the size of the challenges that Detroit faces,” Carney said.

Snyder and Orr took questions from local and national media for about 45 minutes behind a simple podium adorned with a photo of the city’s iconic skyline and the slogan “Reinventing Detroit.”

Several of the questions focused on which of Detroit’s prized assets, or city “jewels,” including artwork and city parks, would be sold to appease creditors.

“Right now there is nothing for sale, including Howdy Doody,” Orr said referring to the TV puppet that is in storage at the Detroit Institute of Arts that some say is worth $1 million.

Synder touted the investment in the city from benefactors such as Quicken Loans chairman and Cleveland Cavaliers owner Dan Gilbert, who has bought up millions of square feet of real estate in the heart of the city and invested about $1 billion to move the city into a technology hub of the Midwest.
He also credited Detroit Tigers and Red Wings owner Mike Ilitch for years of investment in the city and a new commitment to build a new hockey arena downtown.

“There are so many tremendous things going on,” Snyder said. “Young people are moving to Detroit.”

Both Synder and Orr said the process will involve working with creditors, pension fund managers, civil servants, citizens and government leaders to improve neighborhoods and get the city back on a solid financial foundation.

“People may say this is the lowest point in Detroit’s history,” Synder said. “This is the day to stabilize Detroit.”

Categories: Politics, Uncategorized | Tags: , , , , , , , , , , , , , | Leave a comment

Dance to the music?…then pay the piper…


Wisconsin Circuit Court judge Tim Boyle is the most recent, in December, to attempt a solution to the intractable problem of deadbeat dads who continue to procreate even though unable to even modestly support the children they have had (usually with multiple mothers). Corey Curtis, 44, of Racine, was ordered not to father another child until he proves he can support the nine he has had (with six women). (Incarcerating Curtis, with only males, would likely prevent No. 10, but do nothing to help the first nine.)

Categories: Uncategorized | Tags: , , , , , , , , | Leave a comment

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